hnd_商法outcome1考试_答案.docVIP

1 Sources of modern Scots Law. Statute law, common law and European Union law 2 How do you describe the doctrine of judicial precedent? Examples of judicial precedent. It means that a judge can make law when there arent legislation or precedents for him to use to deal with the case in his hand. In doing so, the judge or judges listen to arguments of all parties to decide which view of law is right. This case is called test case. They make their decision and then future judges should follow the reasoning in the test case . Not all the judges have the authority to make precedents. Junior judges usually can not do this. Ruling made by superior court must be followed by lower court. 3 Which is more powerful: the Westminster Parliament or the Scottish Parliament? Why? The Westminster Parliament is superior. On the one hand, Scottish Parliament passes laws within the power conferred by the Westminster. On the other hand, the Westminster can abolish Scottish Parliament by passing an act. 4 What is a statute? A statute is where a legislation is written down. A legislation made by parliament is called Act of Parliament, and also known as a statute. 5 Name five Acts of Parliament. The licensing (Scotland) act 1975 The divorce (Scotland) act 1976 Abolition of poundings and warrant sales act 2001 Dog fouling (Scotland) act 2003 The health and safety at work act 1974 Sale of goods act 1979 Employment rights act 1996 Protection of children (Scotland) act 2003 6 What are the main differences between civil and criminal law in Scotland? Criminal law is to maintain law and order by punishing criminals. The punishments includes imprisonment and fine and so on. Civil law is to resolve legal disputes between individuals such as divorce, personal injury, contractual disputes, sale of goods, etc. Criminal and civil cases are dealt with by different courts, who use different proof rules and follow different procedure. 7 What is a crime? (You should list four examples of criminal beh